Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Statements recorded during customs inquiries are relevant only if the maker is examined as a witness before the adjudicating authority, the authority forms an opinion to admit the statement in the interests of justice, and the opposing party is afforded cross examination; absent that procedure the statement lacks evidential value. Where goods are seized as suspected smuggled articles, the burden to prove they are not smuggled lies on the person from whose possession they were taken (or an owner claimant); however, lacking foreign markings or requisite purity, the Revenue must prove a reasonable belief of foreign origin. Penalties imposed on a non possessor/non claimant were set aside and the appeal allowed.
Statements recorded during customs inquiries are relevant only if the maker is examined as a witness before the adjudicating authority, the authority forms an opinion to admit the statement in the interests of justice, and the opposing party is afforded cross examination; absent that procedure the statement lacks evidential value. Where goods are seized as suspected smuggled articles, the burden to prove they are not smuggled lies on the person from whose possession they were taken (or an owner claimant); however, lacking foreign markings or requisite purity, the Revenue must prove a reasonable belief of foreign origin. Penalties imposed on a non possessor/non claimant were set aside and the appeal allowed.
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